B-127686, JUN. 1, 1956

B-127686, JUN. 1, 1956

TO MR. JAMES T. BORLAND:

ON MARCH 19, 1956, THE SETTLEMENT DIVISION, U.S. NAVY FINANCE CENTER, CLEVELAND 14, OHIO, REFERRED TO US YOUR LETTER OF MARCH 1, 1956, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT, DATED JULY 3, 1950, WHICH DISALLOWED YOUR CLAIM FOR $390 AS REIMBURSEMENT OF THE COST OF CIVILIAN CLOTHING.

IT APPEARS THAT AS A HOSPITAL CORPSMAN SECOND CLASS, USN, YOU WERE ASSIGNED TO A NORMAL TOUR OF PERMANENT DUTY WITH U.S. NAVAL MEDICAL RESEARCH UNIT NO. 3, CAIRO, EGYPT, FROM FEBRUARY 22 TO DECEMBER 18, 1949. THE CHIEF OF NAVAL OPERATIONS REPORTED THAT THE PAYMENT OF A CIVILIAN CLOTHING ALLOWANCE TO PERSONNEL ON DUTY WITH U.S. NAVAL MEDICAL RESEARCH UNIT NO. 3, FIRST WAS AUTHORIZED ON MARCH 15, 1950, AND THAT SINCE YOU WERE DETACHED FROM DUTY WITH THAT UNIT ON DECEMBER 8 (18), 1949, ORDERS HAD NOT BEEN ISSUED AUTHORIZING THE PAYMENT TO YOU OF A CIVILIAN CLOTHING ALLOWANCE. IN VIEW OF THAT REPORT YOUR CLAIM WAS DISALLOWED BECAUSE IN THE ABSENCE OF THE REQUIRED ORDERS THERE WAS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM.

IN YOUR LETTER OF MARCH 1, 1956, ADDRESSED TO THE U.S. NAVY FINANCE CENTER IN RESPONSE TO A DEMAND FOR REFUND OF $211.42 REPRESENTING A PORTION OF THE REENLISTMENT BONUS PAYMENT MADE TO YOU ON AUGUST 2, 1952, YOU SUGGEST THAT YOUR CLAIM FOR THE CIVILIAN CLOTHING ALLOWANCE BE ALLOWED AND THAT THE REENLISTMENT BONUS REFUND BE DEDUCTED FROM THE AMOUNT OF YOUR CLAIM, LEAVING A BALANCE OF $78.58 ($178.58) PAYABLE TO YOU.

THE LAWS APPLICABLE TO CLOTHING ALLOWANCES FOR PERSONNEL OF THE ARMED FORCES DURING THE PERIOD OF YOUR CLAIM AUTHORIZED THE PRESIDENT TO PRESCRIBE THE QUANTITY AND KIND OF CLOTHING TO BE FURNISHED ANNUALLY TO ENLISTED MEN OF THE NAVY, ETC., AND TO PRESCRIBE THE AMOUNT OF A CASH ALLOWANCE TO BE PAID TO SUCH ENLISTED MEN WHEN CLOTHING WAS NOT FURNISHED TO THEM. BEFORE JULY 1, 1949, THE REGULATIONS AND RATES FOR CLOTHING ALLOWANCES FOR ENLISTED PERSONNEL WERE PROMULGATED IN EXECUTIVE ORDER NO. 9984, DATED JULY 31, 1948, AS AMENDED, AND DID NOT PRESCRIBE A CASH ALLOWANCE FOR CIVILIAN CLOTHING. BY EXECUTIVE ORDER NO. 10049, DATED APRIL 2, 1949, THE PRESIDENT DELEGATED TO THE SECRETARY OF DEFENSE THE AUTHORITY TO PRESCRIBE THE CLOTHING TO BE FURNISHED, OR THE CASH ALLOWANCE IN LIEU THEREOF TO BE PAID TO ENLISTED MEN OF THE ARMED FORCES. THE REGULATIONS ISSUED BY THE SECRETARY OF DEFENSE, EFFECTIVE JULY 1, 1949, AS IMPLEMENTED BY INSTRUCTION MEMORANDUM 13-4, DATED AUGUST 25, 1949, VOLUME V, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, PROVIDED THAT ENLISTED MEN, WHO UPON THE EFFECTIVE DATE OF THE REGULATIONS WERE PERFORMING, OR SUBSEQUENT THERETO WERE ASSIGNED, TO DUTY IN A FOREIGN COUNTRY WHERE THE WEARING OF CIVILIAN CLOTHING WAS REQUIRED BY ORDER OF THE CHIEF OF NAVAL OPERATIONS, WERE AUTHORIZED A CASH ALLOWANCE FOR THE PURCHASE OF SUCH CLOTHING. THESE REGULATIONS ALSO PROVIDED THAT THE CASH ALLOWANCE FOR THE PURCHASE OF CIVILIAN CLOTHING WOULD BE PAYABLE ONLY UPON THE WRITTEN ORDER OF THE CHIEF OF NAVAL OPERATIONS.

IT WILL BE SEEN THAT A CASH ALLOWANCE FOR THE PURCHASE OF CIVILIAN CLOTHING WAS NOT AUTHORIZED FOR ENLISTED PERSONNEL PRIOR TO JULY 1, 1949, AND AFTER THAT DATE ORDERS WERE NOT ISSUED BY THE CHIEF OF NAVAL OPERATIONS AUTHORIZING THE PAYMENT OF THE ALLOWANCE IN YOUR CASE. CONSEQUENTLY, FAVORABLE CONSIDERATION CANNOT BE GIVEN YOUR CLAIM. THE SETTLEMENT OF JULY 3, 1950, IS THEREFORE, SUSTAINED. THERE BEING NO AMOUNT DUE YOU FROM THE UNITED STATES THE SETOFF SUGGESTED IN YOUR LETTER CANNOT BE EFFECTED TO LIQUIDATE YOUR INDEBTEDNESS ON ACCOUNT OF THE REQUIRED REFUND OF A PORTION OF THE REENLISTMENT BONUS.